Vous êtes sur la page 1sur 58

Timeline – Remedial Law

Motion to Intervene
Notice of
Dismissal
Motion to
Dismiss
Jan.15, Jan.20,201 Feb. 6, Feb.
2015 5 2015 22,
2010
Complaint → Clerk →Sheriff-V →Answe → →Reply Servic →Notic →Pre →Tria →Final →Entry of
of Court alid r Servic e of e of -Trial l Judgmen Final
Service of e of reply Hearing t Judgment/Fina
Summons answe l or Executory
r

Scenario 1 →Appeal Annulmen


t of
Judgment
Judgment by →MR/M →Petition
default T for Relief
Scenario 2
Amendment Plaintiff Defendan within
s t 10 days
as a matter after
of Right – Service
Formal or of reply
Substantial -
Plaintiff
Amendment Substantial amendment with
as a matter leave of court
of
discretion-
Substantial
Scenario 3 By Extra-territorial Not less
service by publication than 60
days
Answer – Foreign Private juridical 30 days
must be entity , w/o resident
filed from agent
service of
summons
Foreign Private juridical 15 days
entity , served on
government officers
Answer to the complaint 15 days
rd​ th​
Answer to 3​ , 4​ party 15 days
complaint
Answer MOR 15 days
to
amended MOD 10 days
complain
t
Summary Rules 10 days
Answer to counterclaim 10 days
/ cross claim
Reply 10 days
Answer to a pleading 10 days
after a bill of particular
has been granted
Scenario 4:
Motion Hearing Notice
Figure 1: Civil Procedure
Figure 2: Motion for Bill of Particulars
Figure 3: Filing and Service of Pleadings
Figure 4. Summons
Figure 6 : Motion to Dismiss
Figure 7: Rule 17 Dismissal of Actions
Figure 8: Rule 18 - Pre-Trial
Figure 9: Rule 19 : Intervention
Figure 10: Deposition Taking
Figure 11: Rule 30: Trial
Figure 12: Cosolidation or Severance
Figure
13: Rule
31- Trial
by

Commissioner
Figure 14: Demurrer to evidence
Figure 15: Rule 37 : MR/MNT
To the woman who loves purple ☺

Happy PurpleChococonfetti birthday Mars!

You are as purple sweet as these chocolates and as vibrant as these purple balloons. We may not be with you today but
we would like to make you feel how special you are to us. You make everyone happy so you much more deserve to be
happy. Thanks for the friendship, love and support. Every time you also need us we are just a call and text away hihi.

Another year added calls for another year of success. Wishing you all the best in life and love …

love you Mars…

From your purple pabebe admirers, haha


Mangorskenspams
Fresh period rule

Rules 40,41,42,43 and 45 ; Rules 65

You only have the balance of the period – Rule 16, 12 and 65
Rule 65 Certiorari Prohibition Mandamus
Petitioner Any aggrieved party in a judgment or final order , resolution
Respondent Tribunal, Board or Officer Tribunal ,Corporation, Tribunal ,Corporation,
Board , Officer, or person Board , Officer, or person
Function of respondents Judicial and Quasi-judicial Judicial, Ministerial functions
Quasi-judicial or Ministerial
Grounds Without or in excess of jurisdiction or unlawfully neglects the
With grave abuse of discretion amounting to lack or in performance of an act
excess of jurisdiction (C-D-A-W) which the law specifically
enjoins as a duty resulting
from an office, trust or
station or
unlawfully excludes another
from the use or enjoyment
of a right or office to which
such other is entitled
Conditions no appeal
nor any plain speedy and adequate remedy
Prayer Judgment be Annulled or Commanding respondent to Commanding respondent to
modified and desist from further do the act required to be
proceedings in the action done to pay for damages
sustained by the petitioner
by reason of the wrongful
acts of the respondent.
other relief incidental as law and justice may require
SPECIAL PROCEEDINGS
Settlement of Estate
Withi
n 15
days
from
prom
ulgati
on of
judg
ment
, the
accus
ed
may
surre
nder
and
dile a
motio
n for
leave
of
court
to
avail
of the
rmee
dies
under
the
rules
of
court
Motion to Quash
Plea of guilty be withdrawn
Right to bail
Person Accu
arrested sed
may ask may
for PI but ask
he must for a
sign a PI
waiver of withi
the n5
provisions days
fo Art. 125 from
the
time
he
learn
s of
the
filing
Petition for suspension of a criminal action based upon the pendency of a
Prejudicial Question
If the accused dies
the civil liability shall
be extinguished XPN
ICA
Reservatio
n of the
right to
institute
civil
Action
Motion to Quash on the ground of lack of jurisdiction
Substitution
Formal Amendment-
LOC
No Substantial
amendments allowed
Formal / Substantial Amendment – w/o leave of
court
*Substantial – Downgrades the offense or excludes
any accused from the complaint or information – can
be made only upon motion by the prosecutor with
notice to the offended party and with leave of court.
Prescriptive period for the offense tolled.
Filing of Preliminary Filing of Arres Bail Plea Prosecutio Defens Judgme Appe Judgme
complain Investigation Informatio t n e nt or al nt /
t n Final
Trial order of Executor
Convicti y
on
Figure 18: Not requiring preliminary investigation
Figure 19: Chain of Custody rule